Johansen v. State, Dept. of Natural Resources

¶1 Victor A. Johansen (Johansen) and the Department of Natural Resources and Conservation (Department) have filed cross-appeals from an order of the First Judicial District Court, Lewis and Clark County. Johansen had filed a petition for judicial review in the District Court of the Department’s decision to cancel his lease of agricultural land for failing to make timely lease payments. The District Court granted summary judgment in favor of the Department and dismissed Johansen’s petition for lack of jurisdiction. We reverse and remand.

¶2 The sole issue we address on appeal is whether the…